CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Waive the first reading and pass the ordinance amending Sections 3-3-5, 3-3-9, 3-3-10, and 3-3-14 of the Naperville Municipal Code regarding increasing tobacco and cigarette dealer license fees, raising related fines, and revising the hearing process for such violations (requires six positive votes)
body
DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On March 16, 2026, the Liquor and Tobacco Commission unanimously recommended approval of the text amendment.
BACKGROUND:
At the February 5, 2026 Liquor and Tobacco Commission meeting, staff presented a report comparing the City’s fines for Municipal Code violations related to tobacco and alternative nicotine products with those adopted by other Illinois municipalities.
Staff also reviewed the City’s current enforcement procedures. The Police Department conducts three underage-sale compliance checks each year for tobacco and alternative nicotine products and investigates reported violations of the alcoholic liquor and tobacco-related provisions of the Municipal Code. When an underage sale occurs, the clerk or individual who completed the transaction is cited, and the case is prosecuted as an ordinance violation in the Circuit Court of DuPage County.
Following the issuance of a citation to the individual, a separate citation and notice of hearing is issued against the tobacco and cigarette dealer or alcoholic liquor license, as the licensee is responsible for the actions of its employees. The licensee may either stipulate to the violation or proceed to a hearing before the Liquor and Tobacco Control Commissioner or the Commissioner’s designee. Fines and disciplinary action increase with each violation that occurs within a one-year period.
Following review of the report, the Liquor and Tobacco Control Commission directed staff to recommend updates to the City’s existing fine structure.
Draft minutes from the March 16, 2026, Liquor and Tobacco Commission meeting are attached, along with the minutes from the February 5, 2026 meeting.
DISCUSSION:
The proposed text amendment introduces greater discretion in assessing fines for tobacco-related violations by establishing a fine range of $1,000 to $10,000 per violation for licensees, while preserving the authority to impose suspension, revocation, or non-renewal of a license. The revisions also allow consideration of all relevant factors, including a licensee’s disciplinary history and any remedial measures taken. For alcoholic liquor violations, a fine structure consistent with state law is included.
The amendment further increases the minimum fine for individuals to $200 and removes duplicative fine language to improve clarity and consistency. Additional revisions clarify the distinction between penalties imposed on licenses versus individual clerks and narrow the scope of state liquor commission review of local disciplinary decisions.
The Liquor and Tobacco Commission also recommended raising the annual tobacco and cigarette dealer license fee to $300, consistent with adjustments implemented in other Illinois municipalities
FISCAL IMPACT:
Corresponding increase in fines and licensing fees.